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  Assembly Proposal Extends Times to File Sex Abuse Claims

North Country Gazette
May 16, 2006

http://www.northcountrygazette.org/articles/051606AbuseClaims.html

ALBANY---Child sexual assault victims and representatives from child sexual abuse victim support groups joined together at a Capitol news conference Tuesday in support of legislation that would grant victims of child sexual assault a greater period of time to seek justice by extending the statutes of limitations for criminal and civil actions for these offenses.

Attending the news conference were Assembly sponsors of the legislation, as well as representatives from the Voice of the Faithful (VOTF), a national organization formed in response to the clergy sexual abuse crisis, the Survivors' Network of those Abused by Priests (SNAP), a Chicago-based nationwide organization for clergy molestation victims and the New York State Coalition Against Sexual Assault (NYSCASA).

The Assembly proposal (A.8705) which is part of the Assembly's tough and comprehensive "Child Safety and Sexual Predator Punishment and Confinement Strategy," would provide more time for survivors to file criminal or civil lawsuits against their attackers.

"The sexual assault of a child reaches a level of abomination no words can possibly express. As we move forward to ensure that perpetrators of these vile crimes receive the toughest possible punishment, we must ensure that victims of sexual assault achieve the justice to which they are entitled. This bill's provision to retroactively allow suits based on prior wrongs is important because the state and federal Constitutions do not allow this in criminal cases but permits it with respect to civil causes of action," said Assembly Speaker Sheldon Silver (D-Manhattan).

Pointing to the inability for many child victims to come forward before the current statute of limitations expires, the lawmakers said the bill was a critical means of giving victims a voice, particularly for those who are assaulted by people with authority over them.

Under current law, the criminal statute of limitations in child sexual abuse cases in which a victim does not report the crime to law enforcement or the statewide central register of child abuse is not applied until the victim reaches age 18. The bill would add five years to the statute, so that the five-year statute of limitations in these cases would not begin to run until the victim turned age 23. Enactment of the legislation would mean that a child victim would have until the age of 28 to seek prosecution. The bill passed the Assembly in January and has stalled in the Senate.

A similar extension would be provided for the civil statute of limitations. The statute of limitations in these civil cases would not begin to run until the victim turned the age of 23. Enactment of the legislation would mean that a child victim would have at least until the age of 28 to seek civil redress.

Silver said the "cornerstone" of the bill was the provision that would give persons for whom the right to bring a civil action has been foreclosed under the current civil statute of limitations a one-year "window" from the date of enactment of the bill, regardless of their age, in which to seek damages for any past instance of child sexual abuse.

The lawmakers noted the passage of the legislation continues the Assembly Majority's efforts to enact a comprehensive, effective plan to protect New Yorkers from sexual predators. Monday, the Assembly overwhelmingly passed legislation eliminating both the criminal and civil statute of limitations for the most serious sex crimes.

The Assembly legislative package passed in January seeks tougher penalties against sexual predators, strengthens Megan's Law to better protect children, enhances community notification to improve the communication of important information about potential danger and ensures mandatory education for school children to help them protect themselves against situations that could put them at risk. 5-16-06

 
 

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